Housing and land purchase contract

We all have infatuated with a property, but before making a housing purchase contract there are a number of issues that we should take into account:

• To know the real owner of the house: You have to ask for a simple copy in the register of the property, because the seller may be different from the owner, and it is the latter who has the right to transmit it, even if it can do it through the mandate to a third party.

• Status of charges: check if it has outstanding debts, to save problems it is essential to make sure that the house is free of charges (for example, taxes on the estate, mortgages …)

• Housing rights: Make sure that there is no third party right on it (leasing, preferential acquisition …).

• Study the Payment form: In a single “cash” payment, deferment of payment, periodically divided payments, the possible guaranteed financing by hiring a mortgage with our bank, delivery of signal to be reserved and amount remaining from the final payment, Contract of option to purchase, trade-in …

• Sanitation: It is also important that we consider at the time of the purchase of houses (especially for the second-handed ones) the possibility of repairings by the owner before making the housing purchase contract, fixing with this one what works and improvements the house needs before being purchased.

Special characteristics of the housing purchase contract

1. The housing purchase contract must always be agreed in writing.
2. It must be made explicitly (not tacitly), establishing the pacts that the parties make.
3. Notarized.
4. Granted in public deed.

The granting of the public deed of sale implies the delivery of the thing and consequently the transmission of the property, except if in the deed there is set something different.

Delivery can be made: after a fixed period of time, when a condition is fulfilled, and it can also be done symbolically by the delivery of the keys.

 

The contract of sale of land (urban/rustic)

Before making a sale of a property it is necessary to take into account the differences between the land licensed to build (urban) or those that do not have this characteristic (rustic), whose purpose is agrarian, assimilated to the cultivation of land or breeding of livestock.

Let’s see what characteristics have both types of land and how it benefits or affects you when buying one:

Urban Land

The land or urban estate is an extension of land located within the urban centre of a municipality. They are usually called solar, or if they are larger, plots.

Pros:

• It is buildable as housing and will appear as such in the deeds, therefore, it would be easy to get the construction license.
• The city Council is obliged to provide the minimum guaranteed services (sewer, mail, cleaning, asphalt and lighting of the access route, light and water).
• Located within the city centre.

Cons:

• Higher price, for the advantages it offers.
• Generally smaller in size.

Rustic land

If it is a rustic terrain, keep in mind that it can only be used for agricultural or livestock purposes, and for this reason it will only be allowed to build constructions oriented to this type of work. As a general rule, the building can occupy 2% of the total and on a single floor. If it is your only home and its purpose is to work on the land itself, the city council may grant you a license to extend that limitation.

A good option is the purchase of a land in which there was a building previously (houses in ruins, farmhouses …), as the work license will have the same extension as the old construction.

Pros:

• Ideal to carry out an agricultural or farming activity.
• They tend to be much cheaper than a built-up land.
• Generally of large size and located in natural landscapes of great beauty.

Cons:

• You will not be able to build a chalet, as the construction license will only allow you to build farm-oriented buildings (house of tools, wells, reservoirs and pools).
• The city Council is not obliged to provide the basic services, besides for the light and water you will have to contract with supply companies.
• Located outside the city, sometimes very far away.

Basic information and documentation of the housing purchase contract for the sale of housing or land

• Select the type of contract you want to make of the forms we offer you.
• Prints the document and sign it both in all its sheets.
• Remember to detail in the contract everything related to the sale:

1. Relevant information of the parties: names, addresses, identification …
2. Description of the property: location, meters, state.
3. Registration details of the property registry.
4. Price and payment form.
5. Time of delivery.
6. Accessory clauses: Option to purchase, servitudes, liens and guarantees, rights and obligations of each of the parties, sanitation by eviction, etc.
7. Judicial jurisdiction.

• Enclose the documents necessary for its justification:

1. Copy of the identification of the parties (buyer ID and seller, of the representative of having, CIF if it is company).
2. Simple copy of the property registration.
3. Certificate of being free of charge.
4. Accessory contracts: mortgage, mandate …
5. Inventory of accessory goods, if any.

See also:

Contract of Sale (general guide)

Contract of Sale: Forms of payment

 

Consult our specialists in properties and sale for any related issue